Terms & Conditions

Please read these Terms and Conditions carefully before using our service.

0. Interpretation:

Words of which the initial letter is capitalized have meanings defined under the definitions, described in article 1 of these Terms and Conditions. The definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1. Definitions

◾1.1. Account: the account created by the Company which gives access to the Portal of Tikkery B.V.
◾1.2. Agreement: any agreement between Company and Tikkery B.V. in accordance with the provisions of the agreement and/or contract confirmation.
◾1.3. Company: any legal entity who created an Account at Tikkery.com.
◾1.4. Portal: online environment where the Company can purchase Products from Tikkery B.V.
◾1.5. Product: digital or physical vouchers offered by Tikkery B.V. that provide credit that can be redeemed with the relevant service.
◾1.6. Terms and Conditions: these terms and conditions.

2. General

◾2.1. These Terms and Conditions are valid for all business relations between Tikkery B.V., hereafter Tikkery, and the Company, unless otherwise agreed in writing prior to the conclusion of the relevant agreement or legal relationship.
◾2.2. These Terms and Conditions are an integral part of the sales agreement between Tikkery and Company. The Company should adhere to the sales agreement and these Terms and Conditions at all times.
◾2.3. Tikkery is authorized to change the Terms and Conditions. Company should check if any changes have been made to the Terms and Conditions prior to each login to the Portal.

3. Account

◾3.1. In order to get access to Tikkery’s platform and being able to place orders, the Company must create an Account which is secured by a password. The Company claims to have filled in the data in their Account and KYC form correctly. Tikkery is not liable for any damage caused by information that is incorrectly stated in the Company’s account.
◾3.2. Company shall abide with all national and international relevant regulations and regulations regarding the Company itself and its course of business. It shall be registered at the Chamber of Commerce and is willing to share this and other relevant information for Tikkery to asses compliance obligations and business risk.
◾3.3. Company shall update the required information in the Portal whenever a change in Company information occurs.
◾3.4. Once the Company is approved as a client, the Account is created and the Company can start ordering Products via the Portal.
◾3.5. Within an Account, multiple users can be created, each with its own login name and password.
◾3.6. Login name and password providing access to the Platform are personal, non-transferable and strictly confidential. It is not permitted for anyone other than the person creating the Account to use the login details. To prevent the login details from being stolen, the Company and users will refrain from accessing the Account via VPN-connection and public networks.
◾3.7. Tikkery has the right to deactivate an Account with immediate effect without giving reasons, if Tikkery sees reason for doing so.
◾3.8. Tikkery has the right to perform updates, upgrades and maintenance to their Platform and Accounts. Tikkery does not warrant that the Portal will be error free or that Company is able to access the Portal without problems or interuptions. Tikkery is never liable for damage caused by the Platform being offline for whatever reason, or if something happens to the Platform that harms Company.

4. Offers and Agreement

◾ 4.1. All offers from Tikkery will come with a validity period, are non-binding and based on the assumption that all relevant information has been provided to Tikkery by the Company.
◾ 4.2. Amount of Product is subject to availability. Tikkery shall inform Company with prompt notice in case any quantity limits arise. Company acknowledges that it cannot make any warranty or liability against Tikkery regarding rejections and restrictions on any Product.
◾ 4.3. Agreement is reached as soon as Company and Tikkery mutually agree on the offer. Only Tikkery and the Company are contractual parties involved in this Agreement.
◾ 4.4. Tikkery has the right to amend or supplement the Agreement if that appears necessary. Changes are only valid after mutual agreement.
◾ 4.5. Tikkery has the right to reject an agreement without giving reasons, if Tikkery sees reason of doing so.
◾ 4.6. Oral agreements are non-binding, only written agreements which are confirmed by both Company and Tikkery are legally binding.

5. Payments

◾ 5.1. Company receives invoices for each Agreement.
◾ 5.2. Acceptance shall be made after payment of the product(s) in question. By acceptance, Company agrees to the declaration of these Terms and Conditions and the Agreement.
◾ 5.3. Delivery will take place after payment is received, unless otherwise agreed in writing. In that case, a payment period of 7 days applies. In case the payment is not received within the set payment period, Tikkery has the right to claim the outstanding invoice with interest and costs of out-of-court or judicial recovery immediately, where the out-of-court costs shall be determined by means of the Decision to reimburse out-of-court collection costs which took effect on July 1st 2012.
◾ 5.4. All payments should be made in EUR. The payments should be made by the bank account registered in the Account.

6. Delivery

◾ 6.1. Delivery will take place after payment is received.
◾ 6.2. The purchased Products will be delivered by making them digitally available on the Portal linked to the Company Account, unless otherwise agreed in writing.
◾ 6.3. Delivery is finalized once the Product is loaded on the Company’s Portal. Tikkery is authorized to split the delivery, where each partial delivery can be considered as an independent delivery. After delivery the ownership and responsibility of the Products lies with Company.
◾ 6.4. Company is responsible for downloading and activating the Products within the specified expiry time. Company is also responsible for informing the end-user about the applicability of the Product and their content, and shall oblige third parties to do the same. Tikkery cannot be held responsible for any damage by Company or third parties because of late downloading or activation of the Products.
◾ 6.5. Tikkery is available on business days between 09:00 and 17:00 CET to provide support with every technical and non-technical business-related question. Support will only be provided to employees of Company.

7. Products

◾ 7.1. Delivered Products cannot be returned or withdrawn due to the nature of the Product.
◾ 7.2. Ordered products can never be cancelled by the Company due to the direct digital delivery. Company is liable for selecting the right Products and amounts. Tikkery cannot be held responsible for any damage or losses due to incorrect ordering, incorrect communication or incorrect information.
◾ 7.3. Company acknowledges that Products shall be offered and used only for lawful purposes and Company shall do everything in its power to prevent fraudulent use of any Products, money laundering and terrorist financing. Company shall be solely responsible for all fraudulent use, money laundering and terrorist financing.
◾ 7.4. Company shall take all technical and operational measures to prevent a Product from being the object of being abused, misused, stolen, destroyed, or used without permission. Tikkery cannot be held responsible in case any of these events happen.
◾ 7.5. Tikkery makes no warranties regarding the Products.

8. Prices

◾ 8.2. Prices stated on the Portal are expressed in euros and are always excluding VAT, due to the nature of the Products. Prices are also excluding shipping costs, transportation costs and postage costs, unless agreed otherwise in writing.
◾ 8.3. For each Agreement, the Company will receive a separate invoice.
◾ 8.3. Company is responsible to adhere to the (tax) laws applicable to the nature of the Product.

9. Complaints

◾ 9.1. Slight deviations in the quality of the Products delivered which are technically unavoidable, cannot provide grounds for complaint or dissolution of the Agreement.
◾ 9.2. Tikkery guarantees to deliver a working Product key. In case any complaints do arise, these need to be made known to Tikkery within 7 days of occurance of the malfunction of the Product. Company is responsible for delivering all information related to the malfunction as evidence of the complain. Tikkery will aim to respond within 2 business days after receiving the complaint. After expiry of these 7 days, any liability of Tikkery will also expire in this respect.
◾ 9.3. Complaints do not suspend the obligation for payment.
◾ 9.4. If a complaint is justified, Tikkery will agree with Company on a solution. This can vary between repairing the defect or supplying a comparable Product. If this is not possible, Tikkery will pay back the amount paid in proportion to the complaint.

10. Intellectual Property

◾ 10.1. All rights of Tikkery are reserved. Intellectual Property (IP) rights are not part of the purchase, and Tikkery does not deliver any IP rights. This means that software, code, logos, brand name and any other IP of Tikkery remain with Tikkery. Company may not reverse-engineer, decompile, transcribe, resell or redistribute any Tikkery IP without prior written agreement from Tikkery.
◾ 10.2. Third-party IP rights are not part of the purchase, and Tikkery does not deliver any third-party IP rights. That means that use of any logos, images, icons, brand names, trademarks, copyright and any other third-party IP requires approval of the third-party itself.
◾ 10.3. Tikkery sells Products from suppliers to which it has no IP right. This means that any decision regarding those IP rights taken by the suppliers that affects our Agreement with the Company is considered force majeure.
◾ 10.4. Company acknowledges that any suggestions, recommendations or other feedback shall be the sole and exclusive property of Tikkery. Such recommendations are free of any confidentiality restrictions that might otherwise be imposed upon Tikkery.

11. Force Majeure

◾ 11.1. Force majeure is understood in these Terms and Conditions, in addition to what is understood in law and case law, all external causes whether foreseen or unforeseen, over which Tikkery has no influence, but which affects Tikkery’s ability to fulfill its obligations.
◾ 11.2. If there is force majeure, the Company will immediately inform Tikkery in writing, indicating the cause of the force majeure.
◾ 11.3. Tikkery has the right to invoke force majeure if the circumstances prevent Tikkery to be compliant with its Agreement with Company. If there is force majeure affecting the Agreement with Company, Tikkery will immediately inform Company. Tikkery has the right to suspend its obligations during the period of force majeure. Tikkery is not liable for damages cause by a force majeure situation.
◾ 11.4. After the announcement that there is force majeure on the part of Tikkery, Company has the right to cancel the Agreement in writing.

12. Confidentiality

◾ 12.1. Company agrees that it may have access to confidential or proprietary information of Tikkery, and will maintain strict confidentiality of this information to any third party.
◾ 12.2. Any unauthorized disclosure of confidential information by the Company may cause immediate and irreparable damage to Tikkery. In the event of such an information breach, Tikkery is entitled, in addition to any other remedies, to an immediate penalty of 2% of the total turnover invoiced to Company by Tikkery in the 365 days prior to the disclosure, with a minimum of EUR 25.000, and an additional 0,2% of the turnover for each day the breach continues to exist, with a minimum of EUR 2.500 per day.

13. Liability

◾ 13.1. Any liability of Tikkery, including business damage, as well as damage resulting from liability against third parties is excluded, except for intent or gross negligence of Tikkery and without prejudice to the rest of these Terms and Conditions. Tikkery’s liability will in all cases be limited to the amount of profit margin that Tikkery has on the Product of Agreement in question.
◾ 13.2. Company must report the claim of damage to Tikkery in writing within 7 days after that damage is occurred. Every claim against Tikkery will expire after 3 months after the claim was drafted, unless Company takes legal action for the reimbursement of damages before the claim expires.
◾ 13.3. Tikkery is never liable for indirect damages.
◾ 13.4. Tikkery is never liable for damages due to defects in work from third parties.

14. General

◾ 14.1. In case of any conflict or inconsistency between these Terms and Conditions.
◾ 14.2. Both the Terms and Conditions as well as the Agreement are construed under the Dutch law. The courts located in Den Bosch, The Netherlands, will have exclusive jurisdiction to adjudicate any dispute relating to these Terms and Conditions and Agreement.